Read County of Los Angeles v. Sahag-Mesrob Armenian Christian Sch., B216888

In a county's suit against an Armenian Christian school, claiming violations of zoning code sections 22.20.015 and 22.60.330, for operating "an 800-student kindergarten-through-12th grade private school" on two parcels zoned for single-family residence, trial court's grant of a preliminary injunction against the school is affirmed where: 1) the substantial burden portion of the Religious Exercise of Land Use and By Institutionalized Act (Act) is not violated as, no Supreme Court case holds the failure to comply with a neutral zoning application process is a substantial burden on the exercise of religious freedoms; and 2) the equal terms portion of the Act is not violated as the clean hands waiver application in this case could be denied without violating the act as there is no evidence any other entity seeking to use the property would be treated any differently.

Appellate Information

• Decided 09/22/2010
• Published 09/22/2010

Judges

• TURNER

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Richard J. Kahdeman, Andrea Sheridan Ordin